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Veterans Disability Lawsuits - Why You Need a Lawyer Who is Accredited to Handle Veterans Disability Lawsuits

Attorneys who profit from veterans with disabilities to make money frequently use their benefits. You need an attorney who is licensed to handle VA claims.

A Connecticut veteran who suffered from schizophrenia, post-traumatic disorder and other mental disorders related to an aircraft carrier crash that claimed the lives of dozens has won a significant victory. However, it comes with a significant price tag.

Class Action Settlement

According to a lawsuit filed on Monday that the Department of Veterans Affairs discriminates against Black veterans in denying their disability claims, Veterans disability Lawsuit at a rate that is much higher than white Veterans disability lawsuit. Conley Monk is a 74-year old Marine Corps veteran from the Vietnam War who filed the lawsuit. Monk claims VA has denied his disability claims at a much greater rate than white veterans over the last three decades, as per documents obtained by Monk and the Yale Law School Veterans Legal Services Clinic.

Monk, a former psychiatrist, says that discrimination at the hands of VA has caused him, as well as other black veterans, to suffer in a way that has affected their health, home life and employment as well as education. He would like the VA to pay him back the benefits they have denied him, and to modify their policies on race and discharge status as well as denial rates.

Last year, Monk and the Veterans Legal Services Clinic obtained 20 years of VA disability compensation claim data via Freedom of Information Act requests which they submitted on behalf of the National Veterans Council for Legal Redress and the Black Veterans Project. The data revealed that Black Veterans were statistically less likely to be granted the claim for disability than white veterans from 2001 until 2020. The average denial rate for veterans of color was 6.3% higher than for white veterans.

Discrimination based on PTSD

According to a lawsuit filed on Monday in the United States, the Veterans Affairs Department denies disability benefits to Black veterans. The suit is filed by a former Marine Corps vet who was denied housing, education and other benefits despite having been diagnosed with PTSD. The suit cites evidence that suggests that VA officials have historically rejected claims submitted by Black Veterans disproportionately.

Conley Monk served in the Marines as a volunteer during the Vietnam War. He drove an armored transport vehicle as well as assisted in the movement of troops and equipment into combat zones. He was eventually involved in two battles, which he attributed to his PTSD. In 1971, he received a discharge that was less than acceptable. This "bad paper" kept him from receiving home loans or tuition aid as well as other benefits.

He sued the military in order to reverse the discharge and was awarded full benefits both in 2015 and in 2020. But, he claims that the VA still owes him money due to his past denials of disability compensation. The suit claims that he also suffered emotional trauma by reliving the most painful memories with each application for benefits.

The lawsuit seeks damages in the form of money and seeks the court to direct the VA to review its systemic PTSD discrimination. The lawsuit is the latest effort by groups such as the ACLU and Service Women's Action Network, to pressure the VA into addressing the discrimination it has suffered for years against victims of sexual assault.

Alimony Discrimination

The veterans who have served our nation in uniform and those who accompany them require honest answers regarding veterans disability compensation and its impact on financial issues in divorce. One of the biggest myths is that veterans can have their VA compensation seized in order to pay child support or alimony orders in state courts. This isn't the case. Congress carefully designed Title 38 of the U.S. Code to safeguard veterans' payments against claims from family members and creditors with the exception of child support and alimony.

Conley Monk, a devoted volunteer for his country, served two years in Vietnam driving bulletproof transport vehicles, as well as moving equipment and troops out of combat zones. Monk was awarded several medals in recognition of his service, but he was later acquitted of a less honorable discharge after he was involved in two fights that were not diagnosed as being caused by PTSD. It was a long and long, and winding path for him to get the VA to accept disability compensation.

He was denied benefits at a much higher rate than his white counterparts. According to the lawsuit filed on his behalf by the National Veterans Council for Legal Redress at Yale Law School and the Veterans Legal Services Clinic, this racial discrimination was systemic and widespread. It asserts that the VA was aware of and did not combat decades of discrimination against Black veterans. It seeks justice for Monk and other veterans who are like Monk.

Appeal

The VA Board of Veterans Appeals reviews claims for benefits if an applicant disagrees with a decision made by the agency. If you're considering appealing the decision, it is crucial to file an appeal as soon as possible. A lawyer with experience in veteran disability appeals can help you ensure that your appeal meets all requirements and ensure that you are given a fair hearing.

A qualified lawyer will be able to review the evidence used to support your claim and submit additional evidence when needed. A lawyer who understands the VA's issues can be more understanding of your situation. This can be a significant benefit in your appeals.

A veteran's claim for disability is usually rejected because the agency didn't accurately describe their condition. A skilled attorney will ensure that your condition is correctly classified and rated, allowing you to get the benefits you need. An experienced attorney will be able work with medical experts to provide additional evidence of your situation. A medical professional is one example. They may be able prove that your pain is a result of your service-related injury, and is disabled. They may also be able assist you in obtaining the medical records needed to support your claim.